New Jersey Personal Injury Blog

CPSC Announces Recall of Real Flame Pourable Fuel Gel Due to Burn Hazards

After the initial September recall announcement of pourable fuel gels produced by nine manufacturers, the U.S. Consumer Product Safety Commission (CPSC) has released updated details on the recalls by Real Flame and other pourable gel fuel manufacturers. Real Flame of Wisconsin is voluntarily recalling approximately 100,000 bottles of Pourable Gel Fuel due to flash fire and burn hazards.

These defective gel fuels can ignite inadvertently and splatter onto objects and people close by when poured into a still-burning firepot. If the gel fuel splatters and ignites, it can cause a fire and/or burn injuries. Although there have not been any reported injuries caused by Real Flame gel fuels specifically, the CPSC has reports of 65 pourable gel fuel incidents which resulted in two fatalities and 34 burn injuries.

The recalled Real Flame pourable gel fuels were sold in 29.98 ounce and 29.9 ounce one-quart clear plastic bottles. They may or may not have been sold with citronella oil. The container label has a stylized flame and the words “Pourable Gel Fireplace Fuel” and “Real Flame”. The fuel is intended to be poured into a stainless steel cup in the middle of ceramic firepots, or other lighting devices, and lit. The recalled gel fuels were sold for between $10 and $13 at Target.com, JCPenny.com, Meijer.com, Amazon.com, Realflame.com, and Sears.com from January 2009 through August 2011, and include:

• 29.9 ounce pourable gel fuel, model number 2164, SKU 752-370012641;
• 1 quart pourable gel fuel, model number 2164, SKU 752-370012641; and
• 29.98 ounce gel fuel with citronella, model number 2165, SKU 752-370021658.

To prevent fires and/or burn injuries in New Jersey, consumers should stop using the pourable fuel gel and return it to Real Flame for a complete refund. For additional information, consumers may contact Real Flame at (866) 918-8766 free of charge.

At Blume Goldfaden, our knowledgeable New Jersey defective household product attorneys have experience in helping clients recover compensation for their meritorious product liability claims. If you have been injured by an unsafe or defective product in New Jersey, contact us for a no-cost consultation at (973) 635-5400.

Death Toll of Multi-state Listeriosis Outbreak Caused by Contaminated Cantaloupes Reaches 16

This month’s cantaloupe listeria outbreak is the deadliest foodborne illness outbreak in over a decade, according to nj.com. The Centers for Disease Control and Prevention (CDC) has determined that 72 illnesses and 13 deaths in 18 states, with three more deaths under investigation, may have been caused by the contaminated fruit.

Listeria is more lethal than other more common foodborne pathogens, such as E. coli and salmonella, although those outbreaks tend to cause illnesses in more people. Those at highest risk for listeria illness include the elderly, people with compromised immune systems, and pregnant women.

Listeria can grow at both room and refrigerator temperatures, unlike many other pathogens. Historically, listeria outbreaks are more common in soft cheeses and deli meat, making the cantaloupe listeria outbreak unusual.

The current listeria outbreak may be linked to Rocky Ford-brand cantaloupes from Jensen Farms in Holly, Colorado. The company recalled the contaminated cantaloupes on September 14, 2011, according to the U.S. Food and Drug Administration (FDA). Colorado health officials discovered listeria in cantaloupes from grocery stores as well as from a victim’s home. Officials found matching strains of the disease on cantaloupe samples and equipment at the Jensen Farms Granada, Colorado packing facility. The FDA is still investigating the cause of the contamination.

The contaminated cantaloupes may have been shipped to California, Arizona, New Mexico, Colorado, Idaho, Arkansas, Illinois, Kansas, Minnesota, Montana, Nebraska, Oklahoma, Texas, Utah, Wyoming, Missouri, North Carolina, Tennessee, North Dakota, South Dakota, Ohio, Pennsylvania, Virginia, New Jersey, and New York from July 29 through September 10, 2011. They may or may not be labeled with stickers saying “Sweet Rocky Fords,” “Distributed by Frontera Produce,” “Jensenfarms.com,” or “Colorado Grown.”

Companies that produce and distribute food products must follow proper guidelines, standards and procedures to ensure that the general public is not exposed to disease or toxins. If their food is contaminated, they may be held liable for the resulting illness and death.

At Blume Goldfaden, our knowledgeable New Jersey contaminated food lawyers can help you pursue compensation for your losses surrounding food borne illnesses. To discuss your potential claim, contact us for a no-cost consultation at (973) 635-5400.

Ongoing FDA Safety Review Reveals Increased Risk of Bladder Cancer for Actos Users

According to the American Diabetes Association, millions of people have been diagnosed with type 2 diabetes in the U.S.

Actos, or pioglitazone, is manufactured by the Takeda Pharmaceutical Company, and is used to help regulate blood sugar in adults with type 2 diabetes mellitus. Based on data provided by the U.S. Food and Drug Administration (FDA), from January 2010 through October 2010, about 2.3 million patients filled a prescription for a pioglitazone-containing drug.

After reports of a possible connection between Actos and an increased risk of bladder cancer, the (FDA) began conducting a 10-year epidemiological study of Actos and pioglitazone. In a safety announcement from September 2010, the FDA concluded that there was “no statistically significant association between Actos exposure and bladder cancer risk.”

Within less than a year of the 2010 safety announcement, the FDA released another; this time warning the public of an increased cancer risk. Further study of Actos-use and the development of bladder cancer revealed that long-term Actos users, who have been using the drug for at least one year, are indeed at an increased risk of developing bladder cancer, especially if they have a history of the disease.

The FDA has now required that the risk of bladder cancer be added as a warning on the drug label for Actos and other pioglitazone-containing drugs.

Since the drug manufacturer had not warned patients of an increased cancer risk, they may be legally liable for the harm caused to patients who took Actos and acquired bladder cancer.

Pharmaceutical companies are required to thoroughly test and properly label their products with adequate warnings. Failing to do so increases the risk of injury and illness to unknowing consumers. The New Jersey unsafe drug attorneys at Blume Goldfaden have experience in successfully pursuing meritorious claims for defective drug products. We can help investigate your possible claim if you were harmed by an unsafe drug. Contact us for a no-cost consultation at 973-635-5400.

Toms River Oncologist Loses Medical License Following Hepatitis B Outbreak

After a medical license suspension of over two years, the New Jersey Board of Medical Examiners revoked the license of Dr. Parvez Dara for a total of four years and fined him $30,000 in civil penalties due to “gross and repeated acts of negligence,” according to NJ.com. Because his license had already been suspended, however, he would be able to reapply for it after 18 months.

State regulators had suspended Dr. Parvez Dara’s medical license in April 2009 after he was linked to a hepatitis B outbreak, according to The Associated Press. An estimated 3,000 of Dr. Parvez Dara’s patients were warned to get tested for hepatitis B after positive results in five cancer patients. Hepatitis B is transmitted through exposure to infected blood and can potentially cause severe liver damage. To date, 29 of his patients have been infected with hepatitis B.

His license was revoked after extensive investigation of Dr. Dara’s Toms River oncology office revealed long-term and blatant health code violations such as:

• Blood stains on the floor and in containers;
• Unsterile saline and gauze;
• Use of contaminated gloves;
• Open medication vials;
• Misuse of antiseptics;
• Unwrapped syringes being exposed to chemotherapy fumes; and
• Medication preparation near the sink where employees wash their hands.

A physician is responsible for maintaining a clean and sterile environment, free of infectious contamination. An oncologist has even greater responsibility to do so because cancer patients typically have compromised immune systems as a result of medical treatment of their disease.

The experienced New Jersey medical negligence attorneys at Blume Goldfaden find this type of disregard for the safety and health of sick patients deplorable. If you or a loved one has suffered illness or injury as the result of medical malpractice, we can help you investigate your possible claim and determine whether you may have a meritorious claim. For a free interview contact us at 973-635-5400. If we feel that your case requires investigation, we will obtain your medical records and review them at no charge with our in-house medical staff.

Pottery Barn Kids Recall on Dolls due to Strangulation Hazard

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Pottery Barn Kids, has announced the voluntary recall of approximately 81,000 Sophie, Chloe, and Audrey soft dolls due to a strangulation hazard caused by large loops in the dolls’ hair. There have been five reports of this defect and, although there have been no reported injuries as of yet, the doll’s hair was found around the neck of a 21-month old child.

The affected products include soft dolls with the names Chloe, Sophie, and Audrey, and are part of the Pottery Barn Kids’ Girl Doll Collection. They are approximately 17 inches in height and have different colored yarn for hair. The Chloe doll has dark brown hair, the Audrey doll has black hair, and the Sophie doll has blonde hair. The doll’s names may be found on a tag sewn onto its bottom.

The dolls were sold from July 2006 to April 2011 exclusively through nationwide Pottery Barn Kids stores, online at www.potterybarnkids.com, and through Pottery Barn Kids catalogs. They were priced at about $40. Consumers may eliminate the hazard by cutting the hair loops and removing the Audrey headband, or they may contact Pottery Barn Kids for instructions on returning the recalled dolls for a merchandise credit.

When the manufacturers of toys and other child products do not fulfill their responsibility to consumer safety, they endanger the lives of every child that uses or plays with their products. If your child has been injured as the result of an unsafe children’s product or toy in New Jersey, the experienced NJ defective product attorneys at Blume Goldfaden can determine if you may have a valid claim. Contact our office today at (973) 635-5400 for a no-cost consultation.

CPSC Announces Recall of Table-Top Clip-on Chairs due to Amputation and Fall Hazards

The Colorado-based firm phil&teds USA, Inc. is voluntarily recalling 54,000 “metoo” Clip-on Chairs, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), due to defects creating fall and amputation hazards. The defects involve missing or worn clamp pads which allow the chairs to detach from the table surface, resulting in a fall hazard. In addition, children’s fingers may get caught at and about the clamping mechanism, creating an amputation hazard. The user instructions were also determined to be inadequate.

The CPSC and phil&teds have received 19 reports of the chair falling from various table surfaces, resulting in 5 reported injuries including three reports of bruising and two reports of children’s fingers being lacerated, severely pinched, crushed or amputated.

The affected product is an infant/toddler chair on a metal frame and with a nylon fabric seat. It clamps onto to the edge of table surfaces using two metal vise clamps. The upper part of the clamp rests on the table surface and has a rubber pad or a rubber boot covering the clamp on the underside. The recalled chairs were sold in red, black or navy and do NOT have black plastic spacers between the cross bar and clamps. They were sold for between $40 and $50 through Target, Buy Buy Baby, Toys R Us and other independent children’s stores from May 2006 to May 2011. In addition, they were sold on online sites including, Amazon.com and philandteds.com.

Consumers were instructed to immediately stop using the recalled chairs and to contact the company for revised user instructions and a free repair kit.

Manufacturers of child products have a duty to produce safe goods to consumers, especially since children are vulnerable and can suffer severe injuries if a product is unsafe.
At Blume Goldfaden, our New Jersey defective children’s product lawyers have years of experience handling various types of product liability cases and can help you determine if you may have a legitimate basis to bring a claim. Contact us at 973-635-5400 for a no-cost consultation.

New Phthalates Testing Requirements Adopted by CPSC

Phthalates are chemicals that are used to increase flexibility in plastics and other materials.

According to a recent U.S. Consumer Product Safety Commission (CPSC) news release, the CPSC has approved new third party testing requirements for phthalates in children’s toys and child care articles by a unanimous vote of 5-0. The new testing requirements have been established in an effort to ensure that child products meet federal phthalates limits.

The latest testing requirements accompany other standards set previously by the CPSC to regulate phthalates in children’s products. The Consumer Product Safety Improvement Act of 2008 (CPSIA):

• Banned the use of three phthalates in concentrations over 0.1 percent permanently; and
• Banned the use of three others phthalates in concentrations of over 0.1 percent, temporarily, for child products that can be chewed, mouthed, or sucked.

It has been illegal to manufacture or sell products that violate the standards listed above since February 2009. The new testing requirements will help ensure compliance with these standards. All manufacturers, private labelers and importers will be given until December 31, 2011 to implement a third-party testing program. Only parts that would contain phthalates, such as plastic, will be tested and must be certified as safe under the standards.

As a parent, you expect that all child products would be produced with your child’s safety in mind, but, on occasion, children’s toys, cribs, care articles and other products contain defects, including toxins, that make them dangerous. At Blume Goldfaden, our knowledgeable children’s product liability attorneys in New Jersey have years of experience in successfully obtaining favorable recoveries for those with meritorious claims. If you or your child have been injured by a defective product in New Jersey, our lawyers may be able to help. Contact us at 973-635-5400 for a no-cost evaluation of your potential claim.